Southern District of Texas • 5:26-cv-01726

Astudillo Villavicencio v. Warden

Active

Case Information

Filed: September 28, 2026
Assigned to: Marina Garcia Marmolejo
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: October 01, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 28, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5) filed by Byron Andres Astudillo Villavicencio. (Attachments: # 1 Envelope) (djm5) (Entered: 09/28/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 28, 2026
Clerk's Notice of Duplicate Case. Parties notified, filed. (djm5) (Entered: 09/28/2026)
Main Document: Clerks Notice of Duplicate Case (FORM, noticing)
#3
Sep 28, 2026
NOTICE to Pro Se Litigant of Case Opening, with Notice Regarding Consent to Jurisdiction of a Magistrate Judge. Party notified, filed. (djm5) (Entered: 09/28/2026)
Main Document: Notice to Pro Se Litigant of Case Opening (FORM, noticing)
#4
Sep 28, 2026
Clerk's Notice of Redaction Responsibilities and Privacy Protection. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) (Entered: 09/28/2026)
Main Document: Clerks Notice of Redaction Responsibilities and Privacy Protection (FORM, noticing)
Sep 28, 2026
Filing Fee Filing fee: $5.00 re: 1 Petition for Writ of Habeas Corpus, receipt number 500002710, filed. (eg5)
Sep 28, 2026
Referral Judge Selected
Sep 28, 2026
Filing Fee Received
Sep 28, 2026
Referral Judge Selected: Magistrate Judge Diana Song Quiroga randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (djm5)
#5
Sep 30, 2026
ORDER re: 1 Petition for Writ of Habeas Corpus (Served electronically on USAO per MOU.) The Court hereby ORDERS Respondents to file a response and serve it on Petitioner within ten (10) days of the date of service by the Clerk of Court.1 The responsive pleading must specifically address whether this Court has jurisdiction to entertain this Petition. See Rumsfeld v. Padilla, 542 U.S. 426, 435 (2004). Given the time-sensitive nature of Petitioners claims, no extensions will be granted.It is further ORDERED that if Petitioner elects to file a reply, they may do so no later than five (5) days after Respondents file their respective answers or responses. See Rule 5(e) of the Rules Governing Section 2254 Proceedings. Respondents are ORDERED to notify Petitioners counsel and the Court of any anticipated or planned transfer of Petitioner outside the Southern District of Texas, Laredo Division, or any planned removal of them from the United States, at least five (5) days before any such transfer or removal. (Signed by Judge Marina Garcia Marmolejo) Parties notified. (mtl5) (Entered: 09/30/2026)
Main Document: Order
#7
Oct 01, 2026
MOTION to Intervene by UNITED STATES OF AMERICA, filed. Motion Docket Date 10/22/2026. (Tucker, Yasmine) (Entered: 10/01/2026)
Main Document: Intervene
#9
Oct 01, 2026
ADVISORY by UNITED STATES OF AMERICA, filed. (Tucker, Yasmine) (Entered: 10/01/2026)
Main Document: Advisory

Parties

Astudillo Villavicencio
Party
Warden
Party